10 U.S. Code § 1602 - Basic pay

(a) Authority To Fix Rates of Basic Pay.— The Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under section
1601 of this title in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation.

(b) Prevailing Rate Systems.— The Secretary of Defense may, consistent with section
5341 of title
5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to positions for civilian employees in or under which the Department of Defense may employ individuals described by section 5342(a)(2)(A) of that title.

2004—Subsec. (a). Pub. L. 108–375, § 1103(a)(1), as amended by Pub. L. 109–364, substituted “in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation” for “in relation to the rates of basic pay provided in subpart
D of part
III of title
5 for positions subject to that subpart which have corresponding levels of duties and responsibilities”.

Subsecs. (b), (c). Pub. L. 108–375, § 1103(a)(2), (3), redesignatedsubsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “A rate of basic pay fixed under subsection (a) for a position established under section
1601 of this title may not (except as otherwise provided by law) exceed—

“(1) in the case of a Defense Intelligence Senior Executive Service position, the maximum rate provided in section
5382 of title
5;

“(2) in the case of an Intelligence Senior Level position, the maximum rate provided in section
5382 of title
5; and

“(3) in the case of any other position, the maximum rate provided in section
5306(e) of title
5.”